Legal Opinion

Stephen Albert McCoy v. James A. Lynaugh, Director Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided May 22, 1989No. 89-2502PublishedCited by 56 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Petitioner Stephen Albert McCoy was convicted of capital murder and sentenced to death. The district court denied his petition for writ of habeas corpus and stay of execution and declined to hold an evidentia-ry hearing. Before us are McCoy's motions for stay of execution and certificate of probable cause to appeal, the latter of which may only be granted if a petitioner makes a “substantial showing of the denial of a federal right.” Barefoot v. Estelle, 463 U.S. 880, 893, 103 S.Ct. 3383, 3394, 77 L.Ed.2d 1090 (1983). Finding that McCoy’s claims are either…

2Cases cited32 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Townsend v. SainSupreme Court of the United States · 1963
  5. Barefoot v. EstelleSupreme Court of the United States · 1983

27 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Willie Albert Smith v. Lee Roy Black, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1990
  2. Woods v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
  3. Robert Anthony Carter v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
  4. Kenneth Ray Ransom v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
  5. Moody v. JohnsonCourt of Appeals for the Fifth Circuit · 1998

51 more not listed; retrieve them via the Exa API.

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